K.S.A. » Chapter 21

K.S.A. § 21-5513

Lewd and lascivious behavior

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21-5513. Lewd and lascivious behavior. (a) Lewd and lascivious behavior is:

(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or

(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.

(b) Lewd and lascivious behavior is a:

(1) Class B nonperson misdemeanor, if committed in the presence of a person 16 or more years of age; and

(2) severity level 9, person felony, if committed in the presence of a person under 16 years of age.

History: L. 2010, ch. 136, § 77; July 1, 2011.

Notes of Decisions
Cited in 10 cases (8 in the last 5 years), 2013–2026 · leading case: State v. Letterman
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State v. Letterman (2021) kanctapp · cites it 12× “K.S.A. 2020 Supp. 21-5513(a)(2)'s prohibition of "publicly exposing a sex organ" is not ambiguous.”
Beattie v. Smith (2013) ca10 · cites it 2× “Second, he argues that Officer Smith’s decision to seek a misdemeanor charge under Kan.Stat. Ann. § 21-5513, after he had previously arrested him for a felony violation of the statute, suggests the arrest was unsupported by probable cause.”
Hodes & Nauser, MDs v. Stanek (2024) kan “72-6282); and public nudity (K.S.A. 21-5513). There are many more. A massive swath of government action is now subject to the most rigorous and exacting standard of constitutionality—strict scrutiny.”
State v. Scheetz (2023) kanctapp · cites it 4× “It argues this conduct could constitute lewd and lascivious behavior under K.S.A. 2021 Supp. 21-5513. The State also claims his transmission of a nude photo to G.”
State v. Miller (2026) kanctapp · cites it 4× “To the extent resolution of Miller's challenge requires statutory interpretation of K.S.A. 21-5513, this court may exercise unlimited review.”
State v. Throne (2020) kanctapp · cites it 3× “" K.S.A. 2015 Supp. 21-5513(a)(2). Throne claims the State failed to prove he "publicly" exposed himself, relying on dictionary definitions defining "publicly" as "[i]n a public or open manner or place" and "public" as "[o]f, relating to, or affecting a population or a community…”
State v. Green (2022) kanctapp · cites it 2× “The State charged Green with lewd and lascivious behavior under K.S.A. 2020 Supp. 21-5513(a)(2). That section criminalizes "publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto,…”
State v. Nelson (2022) kanctapp “21-5411, and lewd and lascivious behavior in violation of K.S.A. 2014 Supp. 21-5513(a)(2). In return for Nelson's no-contest pleas, the parties agreed to jointly recommend the district court impose a controlling 44-month sentence but grant an extended 36-month term of supervised…”
State v. Lee (2024) kanctapp “See K.S.A. 21-5513(a)(2). Again, Jane testified that Lee exposed himself to her on at least one occasion.”
State v. Cunningham (2024) kanctapp “) • Count 11—lewd and lascivious behavior under K.S.A. 21-5513(a)(2) and (b)(2) (Lewd and lascivious behavior is "publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with…”
— K.S.A. § 21-5513(a)(2) — 8 cases
State v. Letterman (2021) kanctapp “K.S.A. 2020 Supp. 21-5513(a)(2)'s prohibition of "publicly exposing a sex organ" is not ambiguous.”
State v. Scheetz (2023) kanctapp “It argues this conduct could constitute lewd and lascivious behavior under K.S.A. 2021 Supp. 21-5513. The State also claims his transmission of a nude photo to G.”
State v. Throne (2020) kanctapp “" K.S.A. 2015 Supp. 21-5513(a)(2). Throne claims the State failed to prove he "publicly" exposed himself, relying on dictionary definitions defining "publicly" as "[i]n a public or open manner or place" and "public" as "[o]f, relating to, or affecting a population or a community…”
State v. Green (2022) kanctapp “The State charged Green with lewd and lascivious behavior under K.S.A. 2020 Supp. 21-5513(a)(2). That section criminalizes "publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto,…”
State v. Miller (2026) kanctapp “To the extent resolution of Miller's challenge requires statutory interpretation of K.S.A. 21-5513, this court may exercise unlimited review.”
— K.S.A. § 21-5513(b) — 1 case
Beattie v. Smith (2013) ca10 “Second, he argues that Officer Smith’s decision to seek a misdemeanor charge under Kan.Stat. Ann. § 21-5513, after he had previously arrested him for a felony violation of the statute, suggests the arrest was unsupported by probable cause.”
— K.S.A. § 21-5513(b)(2) — 1 case
State v. Miller (2026) kanctapp “To the extent resolution of Miller's challenge requires statutory interpretation of K.S.A. 21-5513, this court may exercise unlimited review.”
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